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Law delayed because of privacy concerns

Posted November 20, 2007 10:00 pm

Karen McDonald

Implementation of a law that would revoke driving privileges for teens who cut classes or drop out of school has been indefinitely postponed because it violates a federal privacy act.

Under the measure, which was supposed to go into effect July 1, in time for the start of the school year, the Secretary of State can deny issuing or renewing driver's licenses or permits for teens who are chronic or habitual truants. It requires schools to provide the Secretary of State's Office with a quarterly list of students who have withdrawn or been expelled from school or certified as truants.

But when the Illinois State Board of Education asked for a legal opinion from the U.S. Department of Education Family Policy Compliance Office, it was told the law violates the Federal Education Rights and Privacy Act, officials said.

The board would act as a conduit for passing student information from schools to the Secretary of State's Office.

"Federal law limits what type of information about students can be shared with whom," said Matt Vanover, a spokesman for the state board. "We've met with the sponsors of the bill and looking at how this can be implemented without violating other state or federal laws."

Secretary of State spokesman Henry Haupt said an automated system already in place will allow that office to process information sent from the state board and take necessary action.

"We are prepared, willing and able to implement the law right now," Haupt said.

The bill is aimed at reducing dropout rates, boosting school attendance. Chronic truancy and dropout rates are a problem for many schools; students who have more than 10 percent of unexcused absences in a school year, are expelled or drop out, can have their licenses revoked until they turn 18.

The new law also applies to students who are expelled from school for disciplinary reasons. Teens can apply to have their license reinstated if they can prove they are back in school.

It exempts minors who fail to attend school because of illness, economic or family hardships. Those who are married, legally emancipated or are working toward their GED are also exempt.

The state average for graduation is 85.9 percent, according to 2007 school report cards. In Peoria District 150, 89.8 percent of students graduate, compared to 87.6 at Pekin Community High School.

No time line has been given for when the law actually could go into effect. Vanover said the legal question came up this summer, just before the law's implementation.

Teens across the state must meet expanded requirements relating to obtaining and keeping their driver's licenses. The initiatives, in part, came about because of multiple fatalities involving teens in Tazewell County. In a 16-month span, from March 2005 to July 2006, 15 teens were killed in accidents in the county. The death toll prompted the formation of Secretary of State Jesse White's Teen Driver Safety Task Force.

Those new laws, being rolled out in January, increase the amount of time students must hold a permit, lower teen curfew, add penalties for teens who are ticketed and create penalties for teens involved in street racing, to name a few.

Karen McDonald can be reached at (309) 686-3285 or kmcdonald@pjstar.com.

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